La. Rev. Stat. §29:721 et seq., Louisiana Emergency Assistance and Disaster Act,
2001
CHAPTER 6. THE LOUISIANA EMERGENCY ASSISTANCE AND DISASTER
ACT
§721. Short title
This Chapter shall be cited as the "Louisiana Emergency Assistance and Disaster Act".
Acts 1993, No. 800,§ 1, eff. June 22, 1993.
§722. Purpose
A. Because of the existing possibility of the occurrence of emergencies and disasters of
unprecedented size and destructiveness resulting from enemy attack, sabotage, or other
hostile action, or from fire, flood, earthquake, or other natural or man-made causes, and
in order to ensure that preparations of this state will be adequate to deal with such
emergencies or disasters, and generally to preserve the lives and property of the people of
the state of Louisiana, it is hereby found and declared to be necessary:
(1) To provide for designation of the Military Department, state of Louisiana, as the state
emergency preparedness agency, and to authorize the creation of local organizations for
emergency preparedness in the political subdivisions of the state.
(2) To confer upon the governor and upon the parish presidents the emergency powers
provided in this Chapter.
(3) That statewide and local plans for emergency preparedness be prepared and approved
without further delay and be maintained current to the maximum extent possible.
(4) To reduce vulnerability of people and communities of this state to damage, injury, and
loss of life and property resulting from natural or man-made catastrophes, riots, or hostile
military or paramilitary action.
(5) To prepare for prompt and efficient evacuation, rescue, care, and treatment of persons
victimized or threatened by disasters or emergency.
(6) To provide a setting conducive to the rapid and orderly start of restoration and
rehabilitation of persons and property affected by emergencies or disasters.
(7) To authorize and provide for cooperation in emergency or disaster prevention,
mitigation, preparedness, response, and recovery.
(8) To authorize and provide for management systems embodied by coordination of
activities relating to emergency or disaster prevention, mitigation, preparedness,
response, and recovery by agencies and officers of this state, and similar state-local,
interstate, and foreign activities in which the state and its political subdivisions may
participate.
B. It is further declared to be the purpose of this Chapter and the policy of the state of
Louisiana that all emergency preparedness functions of the state be coordinated to the
maximum extent possible with the comparable functions of the federal government, other
states and localities, and private agencies of every type, to the end that the most effective
preparation and use may be made of the resources and facilities available for dealing with
any emergency or disaster that may occur.
Acts 1993, No. 800,§ 1, eff. June 22, 1993.
§723. Definitions As used in this Chapter:
(1) "Disaster" means the result of a natural or man-made event which causes loss of life,
injury, and property damage, including but not limited to natural disasters such as
hurricane, tornado, storm, flood, high winds, and other weather related events, forest and
marsh fires, and man-made disasters, including but not limited to nuclear power plant
incidents, hazardous materials incidents, oil spills, explosion, civil disturbances, public
calamity, hostile military action, and other events related thereto.
(2) "Emergency" means:
(a) The actual or threatened condition which has been or may be created by a disaster; or
(b) (i) Any natural or man-made event which results in an interruption in the delivery of
utility services to any consumer of such services and which affects the safety, health, or
welfare of a Louisiana resident; or
(ii) Any instance in which a utility's property is damaged and such damage creates a
dangerous condition to the public.
(iii) Any national or state emergency, including acts of terrorism or a congressional
authorization or presidential declaration pursuant to the War Powers Resolution (50
U.S.C. 1541 et seq.).
(3) "Emergency preparedness" means the mitigation of, preparation for, response to, and
the recovery from emergencies or disasters. The term "emergency preparedness" shall be
synonymous with "civil defense", "emergency management", and other related programs
of similar name.
(4) "Local governmental subdivision" means a parish of the state of Louisiana.
(5) "Parish president" means the president of any parish, mayor- president, mayor of New
Orleans (Orleans Parish), or police jury president.
Acts 1993, No. 800,§ 1, eff. June 22, 1993; Acts 1998, 1st Ex. Sess., No. 57,§ 1, eff.
April 29, 1998; Acts 2001, No. 8, 2nd Ex. Sess.,§ 1, eff. Oct. 16, 2001.
§724. Powers of the governor
A. The governor is responsible for meeting the dangers to the state and people presented
by emergencies or disasters, and in order to effectuate the provisions of this Chapter, the
governor may issue executive orders, proclamations, and regulations and amend or
rescind them. Executive orders, proclamations, and regulations so issued shall have the
force and effect of law.
B. (1) A disaster or emergency, or both, shall be declared by executive order or
proclamation of the governor if he finds a disaster or emergency has occurred or the
threat thereof is imminent. The state of disaster or emergency shall continue until the
governor finds that the threat of danger has passed or the disaster or emergency has been
dealt with to the extent that the emergency conditions no longer exist and terminates the
state of disaster or emergency by executive order or proclamation, but no state of disaster
or emergency may continue for longer than thirty days unless renewed by the governor.
(2) The legislature, by petition signed by a majority of the surviving members of either
house, may terminate a state of disaster or emergency at any time. This petition
terminating the state of emergency or disaster may establish a period during which no
other declaration of emergency or disaster may be issued. Thereupon, the governor shall
issue an executive order or proclamation ending the state of disaster or emergency.
(3) All executive orders or proclamations issued under this Subsection shall indicate the
nature of the disaster or emergency, the area or areas which are or may be affected, and
the conditions which have brought it about or which make possible the termination of the
state of disaster or emergency. An executive order or proclamation shall be disseminated
promptly by means calculated to bring its contents to the attention of the general public
and, unless the circumstances attendant upon the disaster or emergency prevent or
impede it, promptly filed with the Military Department, state of Louisiana, office of
emergency preparedness, and the secretary of state.
C. The declaration of an emergency or disaster by the governor shall activate the state's
emergency response and recovery program under the command of the director of the state
office of emergency preparedness.
D. In addition to any other powers conferred upon the governor by law, he may do any or
all of the following:
(1) Suspend the provisions of any regulatory statute prescribing the procedures for
conduct of state business, or the orders, rules, or regulations of any state agency, if strict
compliance with the provisions of any statute, order, rule, or regulation would in any way
prevent, hinder, or delay necessary action in coping with the emergency.
(2) Utilize all available resources of the state government and of each political
subdivision of the state as reasonably necessary to cope with the disaster or emergency.
(3) Transfer the direction, personnel, or functions of state departments and agencies or
units thereof for the purpose of performing or facilitating emergency services.
(4) Subject to any applicable requirements for compensation, commandeer or utilize any
private property if he finds this necessary to cope with the disaster or emergency.
(5) Direct and compel the evacuation of all or part of the population from any stricken or
threatened area within the state if he deems this action necessary for the preservation of
life or other disaster mitigation, response, or recovery.
(6) Prescribe routes, modes of transportation, and destination in connection with
evacuation.
(7) Control ingress and egress to and from a disaster area, the movement of persons
within the area, and the occupancy of premises therein.
(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages,
firearms, explosives, and combustibles.
(9) Make provision for the availability and use of temporary emergency housing.
E. In the event of an emergency declared by the governor pursuant to this Chapter, any
person or representative of any firm, partnership, or corporation violating any order, rule,
or regulation promulgated pursuant to this Chapter, shall be fined not more than five
hundred dollars or confined in the parish jail for not more than six months, or both. No
executive order, proclamation, or regulation shall create or define a crime or fix penalties.
F. No organization for emergency preparedness established under this Chapter shall be
employed directly or indirectly for political purposes.
G. Notwithstanding the provisions of this Section, except in an imminent life threatening
situation nothing herein shall restrict any uniformed employee of a licensed private
security company, acting within the scope of employment, from entering and remaining
in an area where an emergency has been declared. The provisions of this Subsection
shall apply if the licensed private security company submits a list of employees and their
assignment to be allowed into the area, to the Louisiana State Board of Private Security
Examiners, which shall forward the list to the chief law enforcement office of the parish
and, if different, the agency in charge of the scene.
Acts 1993, No. 800,§ 1, eff. June 22, 1993; Acts 1999, No. 267,§ 2.
§725. State emergency disaster agency; powers of adjutant general
A. The governor is hereby authorized and directed to designate the Military Department,
state of Louisiana, as the state emergency preparedness agency under the adjutant
general.
B. The office of emergency preparedness is hereby established within the Military
Department.
C. The adjutant general shall be the director of the office of emergency preparedness and
shall administer the state emergency preparedness agency and the provisions of this
Chapter.
D. The adjutant general, as director of the office of emergency preparedness, may adopt
and promulgate, pursuant to the Administrative Procedure Act and his authority to
promulgate rules and regulations for the National Guard, such rules and regulations as are
necessary to implement his authority under the provisions of this Chapter and such
authority as the governor shall delegate to him pursuant to the provisions of this Chapter.
E. The director may appoint an assistant director of the office of emergency preparedness
to administer the provisions of this Chapter. The assistant director shall have and may
exercise such powers and duties of the director related thereto as the director shall
delegate to him.
F. The director may employ such professional, technical, clerical, stenographic, and other
personnel and he shall fix their compensation and may make expenditures from available
funds appropriated for the Military Department of the state or other funds made available
to him for purposes of emergency preparedness as may be necessary to carry out the
purposes of this Chapter. The director and the assistant director, if an assistant director is
appointed, shall be provided with necessary and appropriate office space, furniture,
equipment, supplies, stationery, and printing. The necessary mileage, office expenses,
salaries of personnel, postage, telephone, and expressage shall be chargeable to any funds
available for emergency preparedness.
G. The director, subject to the direction and control of the governor, shall be the
executive head of the state emergency preparedness agency and as such shall be
responsible to the governor for carrying out the programs for emergency preparedness for
the state of Louisiana. He shall coordinate the activities of all organizations for
emergency preparedness within the state and shall maintain liaison with and cooperate
with emergency preparedness agencies and organizations of other states and of the
federal government.
Acts 1993, No. 800,§ 1, eff. June 22, 1993.
§726. Office of emergency preparedness; authority and responsibilities
A. The Military Department, office of emergency preparedness, under the governor and
the adjutant general, shall be responsible for emergency preparedness in the state. In
order to perform the duties and functions required under this Chapter, the department
may establish and maintain office of emergency preparedness operations centers. The
department may obtain immovable property for such operations centers by sale, transfer,
grant, donation, lease, exchange, or any other means, including interagency transfers of
property and cooperative endeavors.
B. The office shall prepare and maintain a state emergency operations plan and keep it
current, which plan may include any of the following:
(1) Prevention and minimization of injury and damage caused by disaster or emergency.
(2) Prompt and effective response to disaster or emergency.
(3) Emergency relief.
(4) Identification of areas particularly vulnerable to disasters or emergency.
(5) Recommendations for zoning, building, and other land use controls, safety measures
for securing mobile homes or other nonpermanent or semipermanent structures, and other
preventive and preparedness measures designed to eliminate or reduce disasters or their
impact.
(6) Assistance to local officials in designing local emergency action plans.
(7) Authorization and procedures for the erection or other construction of temporary
works designed to protect against or mitigate danger, damage, or loss from flood,
conflagration, or other disaster.
(8) Preparation and distribution to the appropriate state and local officials of catalogs of
federal, state, and private assistance programs.
(9) Organization of manpower and chains of command.
(10) Coordination of federal, state, and local disaster or emergency activities.
(11) Coordination of the state operations plan with the emergency plans of other state
agencies, local government, and the federal government.
(12) All parish hazard plans, hurricane evacuation and shelter plans, hazard mitigation
plans, emergency response plans, and such other emergency plans as required.
(13) Other necessary matters.
C. The office of emergency preparedness shall take an integral part in the development
and revision of local and interjurisdictional emergency plans prepared under this Chapter.
To this end it shall employ or otherwise secure the services of professional and technical
personnel capable of providing expert assistance to political subdivisions, their
emergency preparedness agencies, and interjurisdictional planning and emergency
preparedness agencies. These personnel shall consult with subdivisions and agencies on
a regularly scheduled basis and shall make field examinations of the areas, circumstances,
and conditions to which particular local and interjurisdictional disaster plans are intended
to apply, and may suggest or require revisions.
D. In preparing and revising the state emergency operations plan, the office shall seek the
advice and assistance of local government, business, labor, industry, agriculture, civic
and volunteer organizations, and community leaders. In advising local and
interjurisdictional agencies, the office shall encourage them also to seek advice from
these sources.
E. The office shall:
(1) Determine requirements of the state and its political subdivisions for food, clothing,
and other necessities in the event of an emergency.
(2) Procure and pre-position supplies, medicines, materials, and equipment.
(3) Promulgate standards and requirements for local and interjurisdictional disaster plans.
(4) Periodically review local and interjurisdictional disaster plans.
(5) Provide for mobile support units.
(6) Assist political subdivisions, their emergency preparedness agencies, and
interjurisdictional emergency preparedness agencies in establishing and operating
training programs and programs of information.
(7) Make surveys of industries, resources, and facilities within the state, both public and
private, as are necessary to carry out the purposes of this Chapter.
(8) Plan and make arrangements for the availability and use of any private facilities,
services, and property and, if necessary and if in fact used, provide for payment for use
under terms and conditions agreed upon.
(9) Establish a register of persons with types of training and skills important in
emergency mitigation, preparedness, response, and recovery.
(10) Establish a register of mobile and construction equipment and temporary housing
available for use in a disaster emergency.
(11) Prepare, for issuance by the governor, executive orders, proclamations, and
regulations as necessary or appropriate in coping with disasters or emergencies.
(12) Cooperate with the federal government and any public or private agency or entity in
achieving any purpose of this Chapter and in implementing programs for disaster
emergency mitigation, preparation, response, and recovery.
(13) Do other things necessary, incidental, or appropriate for the implemention of this
Chapter.
F. The Military Department, state of Louisiana, shall ascertain what means exist for rapid
communications in times of disaster emergencies, shall consider the desirability of
supplementing these communications resources or of integrating them into a
comprehensive state or state-federal telecommunication or other communications system
or its several parts, shall evaluate the possibility of multipurpose use thereof for general
state and local governmental purposes, and shall make recommendations to the governor
as appropriate.
Acts 1993, No. 800,§ 1, eff. June 22, 1993; Acts 1999, No. 577,§ 1, eff. June 30, 1999.
§727. Powers of the parish president; penalties for violations
A. Each political subdivision within this state shall be within the jurisdiction of and
served by the Military Department, office of emergency preparedness, for purposes of
emergency preparedness and by a parish emergency preparedness agency responsible for
emergency or disaster mitigation, preparedness, response, and recovery.
B. Each parish president is hereby authorized and directed to establish an office of
emergency preparedness for the respective parish.
C. Each parish president shall maintain an emergency preparedness agency which, except
as otherwise provided under this Chapter, has jurisdiction over and serves the entire
parish.
D. A local disaster or emergency may be declared only by the parish president, except as
otherwise provided in this Chapter. In that event, the state of emergency shall continue
until the parish president finds that the threat of danger has been dealt with to the extent
that emergency conditions no longer exist. The state of emergency may be terminated by
executive order or proclamation, but no state of emergency may continue for longer than
thirty days unless extended by the parish president. The state of emergency or disaster
may be terminated by the governor, a petition signed by a majority of the surviving
members of either house of the legislature, or a majority of the surviving members of the
parish governing authority. The document terminating the state of emergency or disaster
may establish a period during which no other declaration of emergency or disaster may
be issued. All executive orders or proclamations issued under this Subsection shall
indicate the nature of the emergency, the area or areas which are or may be affected, and
the conditions which brought it about. Any order or proclamation declaring, continuing,
or terminating a local disaster or emergency shall be given prompt and general publicity
and shall be filed promptly with the office of emergency preparedness and the office of
the clerk of court.
E. Notwithstanding any other provision of this Chapter, when the parish president
declares a local disaster or emergency within such subdivision the parish president shall
carry out the provisions of this Chapter. Nothing contained herein shall be construed to
confer upon the parish president any authority to control or direct the activities of any
state agency. When the disaster or emergency is beyond the capabilities of the local
government, the parish president shall request assistance from the state office of
emergency preparedness. The declaration of a local emergency will serve to activate the
response and recovery program of the local government.
F. In addition to any other powers conferred upon the parish president by the constitution,
laws, or by a home rule charter or plan of government, such authority may do any or all
of the following:
(1) Suspend the provisions of any regulatory ordinance prescribing the procedures for
conduct of local business, or the orders, rules, or regulations of any local agency, if strict
compliance with the provisions of any ordinance, order, rule, or regulation would in any
way prevent, hinder, or delay necessary action in coping with the emergency.
(2) Utilize all available resources of the local government as reasonably necessary to
cope with the local disaster or emergency.
(3) Transfer the direction, personnel, or functions of local departments and agencies or
units thereof for the purpose of performing or facilitating emergency services.
(4) Subject to any applicable requirements for compensation, commandeer or utilize any
private property if he finds this necessary to cope with the local disaster.
(5) Direct and compel the evacuation of all or part of the population from any stricken or
threatened area within the boundaries of the parish if he deems this action necessary for
mitigation, response, or recovery measures.
(6) Prescribe routes, modes of transportation, and destinations in connection with
evacuation within the local government's jurisdiction.
(7) Control ingress and egress to and from the affected area, the movement of persons
within the area, and the occupancy of premises therein.
(8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages,
firearms, explosives, and combustibles.
G. In the event of an emergency declared by the parish president pursuant to this Chapter,
any person or representative of any firm, partnership, or corporation violating any order,
rule, or regulation promulgated pursuant to this Chapter, shall be fined not more than five
hundred dollars, or confined in the parish jail for not more than six months, or both.
H. No organization for emergency preparedness established under this Chapter shall be
employed directly or indirectly for political purposes.
Acts 1993, No. 800,§ 1, eff. June 22, 1993; Acts 2001, No. 1148,§ 1, eff. June 29,
2001.
§728. Parish emergency/disaster agency
A. Each parish office of emergency preparedness thus created shall have a director who
shall be appointed by the parish president of the parish establishing such organization and
each director shall be commissioned by the director of the state office of emergency
preparedness. The parish director thus appointed and commissioned shall serve at the
pleasure of the parish president.
B. Nothing in this Section shall be construed to prevent the parish president from serving
as the director.
C. The director of the parish office of emergency preparedness shall have direct
responsibility for the organization, administration, and operation of such local
organization for emergency preparedness subject to the direction and control of the parish
president under the general direction and control of the governor and the state office of
emergency preparedness.
D. The director of the parish office of emergency preparedness shall take and subscribe to
the following oath:
"I _____________________, do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States and the Constitution of the state of
Louisiana, and the territory, institutions, and facilities thereof, both public and private,
against all enemies, foreign and domestic; that I will bear true faith and allegiance to the
same; and I take this obligation freely, without any mental reservations or purpose of
evasion; and that I will well and faithfully discharge the duties on which I am about to
enter and I do further swear (or affirm) that I do not advocate, nor am I a member of any
political party or organization that advocates, the overthrow of the government of the
United States or of this state by force or violence; and that during such time as I am a
member of the ___________________________ (parish) office of emergency
preparedness, I will not advocate nor become a member of any political party or
organization that advocates the overthrow of the government of the United States or of
this state by force or violence."
E. The director may appoint an assistant director to administer the provisions of this
Chapter. The assistant director shall have and may exercise such powers and duties of
the director related thereto as the director shall delegate to him.
F. The parish president may authorize the director to employ such professional, technical,
clerical, stenographic, and other personnel and he shall fix their compensation and may
make expenditures from available funds appropriated or authorized by the state for
purposes of emergency preparedness as may be necessary to carry out the purposes of
this Chapter. The director and the assistant director, if an assistant director is appointed,
shall be provided with necessary and appropriate office space, furniture, equipment,
supplies, stationery, and printing. The necessary mileage, office expenses, salaries of
personnel, postage, telephone, and expressage shall be chargeable to any funds available
for emergency preparedness.
Acts 1993, No. 800,§ 1, eff. June 22, 1993.
§729. Parish emergency/disaster agency authorities and responsibilities
A. The parish office of emergency preparedness, under the parish president, shall be
responsible for emergency preparedness in the parish.
B. The parish office of emergency preparedness shall prepare and maintain an all hazards
emergency operations plan and keep it current, which plan may include any of the
following:
(1) Prevention and minimization of injury and damage caused by disaster or emergency.
(2) Prompt and effective response to disaster or emergency.
(3) Emergency relief.
(4) Identification of areas particularly vulnerable to disasters or emergency.
(5) Recommendations for zoning, building, and other land use controls, safety measures
for securing mobile homes or other nonpermanent or semipermanent structures, and other
preventive and preparedness measures designed to eliminate or reduce disasters or their
impact.
(6) Assistance to local officials in designing local emergency action plans.
(7) Authorization and procedures for the erection or other construction of temporary
works designed to protect against or mitigate danger, damage, or loss from flood,
conflagration, or other disaster.
(8) Preparation and distribution to the appropriate state and local officials of catalogs of
federal, state, and private assistance programs.
(9) Organization of manpower and chains of command.
(10) Coordination of federal, state, and local disaster or emergency activities.
(11) Coordination of the state operations plan with the emergency plans of other state
agencies, local government, and the federal government.
(12) Other necessary matters.
C. The parish office of emergency preparedness shall take an integral part in the
development and revision of local and interjurisdictional emergency plans prepared under
this Chapter. To this end, it shall employ or otherwise secure the services of professional
and technical personnel capable of providing expert assistance to political subdivisions,
their emergency preparedness agencies, and interjurisdictional planning and emergency
preparedness agencies. These personnel shall consult with subdivisions and agencies on
a regularly scheduled basis and shall make field examinations of the areas, circumstances,
and conditions to which particular local and interjurisdictional disaster plans are intended
to apply, and may suggest or require revisions.
D. In preparing and revising the plan, the parish office of emergency preparedness shall
seek the advice and assistance of government, business, labor, industry, agriculture, civic,
and volunteer organizations, and community leaders.
E. The parish office of emergency preparedness shall:
(1) Determine requirements of the parish and its political subdivisions for food, clothing,
and other necessities in the event of an emergency.
(2) Procure and pre-position supplies, medicines, materials, and equipment.
(3) Promulgate standards and requirements for local and interjurisdictional disaster plans.
(4) Periodically review local and interjurisdictional disaster plans.
(5) Provide for mobile support units.
(6) Assist political subdivisions, their emergency preparedness agencies and
interjurisdictional emergency preparedness agencies, in establishing and operating
training programs and programs of information.
(7) Make surveys of industries, resources, and facilities within the parish, both public and
private, as are necessary to carry out the purposes of this Chapter.
(8) Plan and make arrangements for the availability and use of any private facilities,
services, and property and, if necessary and if in fact used, provide for payment for use
under terms and conditions agreed upon.
(9) Establish a register of persons with types of training and skills important in
emergency mitigation, preparedness, response, and recovery.
(10) Establish a register of mobile and construction equipment and temporary housing
available for use in a disaster emergency.
(11) Prepare, for issuance by the parish president, executive orders, proclamations, and
regulations as necessary or appropriate in coping with disasters or emergencies.
(12) Cooperate with the state and federal government and any public or private agency or
entity in achieving any purpose of this Chapter and in implementing programs for
disaster emergency mitigation, preparation, response, and recovery.
(13) Do other things necessary, incidental, or appropriate for the implementation of this
Chapter.
Acts 1993, No. 800,§ 1, eff. June 22, 1993.
§730. Interjurisdictional emergency preparedness agency
A. The governing authorities of any two or more parishes may enter into agreements,
under which they shall be authorized to establish regional organizations for emergency
preparedness. Such agreements shall include plans, programs, administration, personnel,
unified operation, allotment of available equipment, and distribution of costs and funds.
B. Interjurisdictional emergency preparedness agencies shall prepare and distribute to all
appropriate officials, in written form, a clear and complete statement of the emergency
responsibilities of all local agencies and officials and of the disaster chain of command.
C. Political subdivisions not participating in interjurisdictional arrangements pursuant to
this Chapter nevertheless shall be encouraged and assisted by the Military Department,
state of Louisiana, to conclude suitable arrangements for furnishing mutual aid in coping
with disasters. The arrangements shall include provision of aid by persons and units in
public employ.
D. No personal services may be compensated by the state or any subdivision or an agency
thereof, except pursuant to statute or local ordinance.
E. Compensation for property shall be paid only if the property was commandeered or
otherwise used in coping with a disaster emergency and its use, damage, or destruction
was ordered by the governor or a member of the disaster emergency forces of this state.
F. Any person claiming compensation for the use, damages, loss, or destruction of
property under this Chapter shall file a claim therefor with the authority which ordered
the use or caused the loss or destruction of the property.
G. Unless the amount of compensation on account of property damaged, lost, or
destroyed is agreed between the claimant and the authority which ordered the use or
caused the damage, the amount of compensation shall be calculated in the same manner
as compensation due for a taking of property pursuant to the condemnation laws of this
state.
H. Nothing in this Section applies to or authorizes compensation for the destruction or
damaging of standing timber or other property in order to provide a fire break, or to the
release of waters or the breach of impoundments in order to reduce pressure or other
danger from actual or threatened flood.
Acts 1993, No. 800,§ 1, eff. June 22, 1993.
§730.1. Interjurisdictional emergency preparedness agency; providing assistance within
another parish
A. In the event of an emergency or a disaster and upon the request of a parish president, a
parish governing authority, or a parish emergency/disaster agency, a parish president, a
parish governing authority, or a parish emergency/disaster agency may enter the
jurisdiction of the requesting parish in order to furnish manpower, materials, equipment,
or services. During the emergency or disaster, the personnel of the responding parish
shall have the same power and authority as the equivalent personnel in the requesting
parish. Manpower, materials, and equipment may be recalled at the discretion of the
responding parish president, parish governing authority, or parish emergency/disaster
agency at any time.
B. The providing of assistance by one parish to another as authorized in this Section shall
not give rise to liability by the responding or requesting parish to the other nor make any
parish responsible for failure to respond to a request for assistance.
C. No charge shall be made to a requesting parish for manpower, materials, or equipment
provided or service rendered by any responding parish governing authority.
Acts 1999, No. 68,§ 1.
§731. Financing
A. It is the intent of the legislature and declared to be the policy of the state that funds to
meet disaster emergencies shall always be available.
B. The disaster emergency funding board is established, composed of the president of the
Senate, the speaker of the House of Representatives, and the chairmen of the House
Appropriations Committee and the Senate Finance Committee.
C. It is the intent of the legislature that the first recourse shall be to funds regularly
appropriated to state agencies. If the governor finds that the demands placed upon these
funds in coping with a particular disaster are unreasonably great, with the concurrence of
the disaster emergency funding board, he may make funds available by transferring and
expending monies appropriated for other purposes or may borrow for a term not to
exceed two years from the United States government or any other public or private
source. Action pursuant to this Subsection shall be only with the concurrence of the
disaster emergency funding board.
D. Nothing contained in this Section shall be construed to limit the governor's authority
to apply for, administer, and expend any grants, gifts, or payments in aid of disaster
prevention, preparedness, response, or recovery.
Acts 1993, No. 800,§ 1, eff. June 22, 1993.
§732. Price gouging; prohibited
A. During a state of emergency as declared by the governor or as declared by the parish
president, the value received for goods and services sold within the designated
emergency area may not exceed the prices ordinarily charged for comparable goods and
services in the same market area at, or immediately before, the time of the state of
emergency. However, the value received may include reasonable expenses and a charge
for any attendant business risk, in addition to the cost of the goods and services which
necessarily are incurred in procuring the goods and services during the state of
emergency.
B. Each sale or offer for sale in violation of this Section constitutes a separate offense.
C. The penalties provided in R.S. 29:734 are in addition to civil remedies provided by
law, including attorney's fees.
D. Local governing authorities may adopt appropriate ordinances to implement the
provisions of this Section.
Acts 1993, No. 800,§ 1, eff. June 22, 1993.
§733. Interstate Emergency Preparedness and Disaster Compact
A. This state enacts into law and enters into the Interstate Emergency Preparedness and
Disaster Compact with all states, as defined therein, which states have enacted or shall
hereafter enact the compact in the form substantially as follows:
B. The Interstate Emergency Preparedness and Disaster Compact, heretofore in force in
this state by virtue of execution pursuant to this Chapter, is hereby confirmed and
codified. The compact is and shall hereafter be in effect with any and all jurisdictions
which have joined or which may hereafter legally join therein in the form substantially as
contained in this Section, provided that such other jurisdiction or jurisdictions have
signified their joinder with this state by enactment without limitation as to parties or in
some other manner sufficient in law to make it clear that joinder has been effected with
this state.
C. The contracting states solemnly agree:
Article 1. The purpose of this compact is to provide mutual aid among the states in
meeting an emergency or disaster. The prompt, full, and effective utilization of the
resources of the respective states, including such resources as may be available from the
United States government or any other source, are essential to the safety, care, and
welfare of the people thereof in the event of an emergency or disaster, and any other
resources, including personnel, equipment, or supplies, shall be incorporated into a plan
or plans of mutual aid to be developed among the emergency preparedness agencies or
similar bodies of the states that are parties hereto. The directors of emergency
preparedness of all party states shall constitute a committee to formulate plans to take all
necessary steps for the implementation of this compact.
Article 2. It shall be the duty of each party state to formulate plans and programs for
application within such state. There shall be frequent consultation between the
representatives of the states and with the United States government and the free exchange
of information and plans, including inventories of any materials and equipment available.
In carrying out such plans and programs the party states shall, so far as possible, provide
and follow uniform standards, practices, and rules and regulations.
Article 3. Any party state requested to render mutual aid shall take such action as is
necessary to provide and make available the resources covered by this compact in
accordance with the terms hereof; provided that it is understood that the state rendering
aid may withhold resources to the extent necessary to provide reasonable protection for
such state. Each party state shall extend to the civil defense forces of any other party
state, while operating within its state limits under the terms and conditions of this
compact, the same powers (except that of arrest unless specifically authorized by the
receiving state), duties, rights, privileges, and immunities as if they were performing their
duties in the state in which normally employed or rendering services.
Article 4. Whenever any person holds a license, certificate, or other permit issued by any
state evidencing the meeting of qualifications for professional, mechanical, or other
skills, such person may render aid involving such skill in any party state to meet an
emergency or disaster and such state shall give due recognition to such license,
certificate, or other permit as if issued in the state in which aid is rendered.
Article 5. No party state or its officers or employees rendering aid in another state or in
its own state pursuant to this compact shall be liable on account of any act or omission in
good faith on the part of such forces while so engaged, or on account of the maintenance
or use of any equipment or supplies in connection therewith.
Article 6. Inasmuch as it is probable that the pattern and detail of the machinery for
mutual aid among two or more states may differ from that appropriate among other states
party hereto, this instrument contains elements of a broad base common to all states, and
nothing herein contained shall preclude any state from entering into supplementary
agreements with another state or states. Such supplementary agreements may
comprehend but shall not be limited to provisions for evacuation and reception of injured
and other persons, and the exchange of medical, fire, police, public utility,
reconnaissance, welfare, transportation and communications personnel, equipment, and
supplies.
Article 7. Each party state shall provide for the payment of compensation and death
benefits to injured members of the response forces of that state and the representatives of
deceased members of such forces in case such members sustain injuries or are killed
while rendering aid pursuant to this compact, in the same manner and on the same terms
as if the injury or death were sustained within such state.
Article 8. Any party state rendering aid in another state pursuant to this compact shall be
reimbursed by the party state receiving such aid for any loss or damage to, or expense
incurred in the operation of any equipment answering a request for aid, and for the cost
incurred in connection with such request; however, any aiding party state may assume in
whole or in part such loss, damage, expense, or other cost, or may loan such equipment or
donate such services to the receiving party state without charge or cost, and any two or
more party states may enter into supplementary agreements establishing a different
allocation of costs as among those states. The United States government may relieve the
party state receiving aid from any liability and reimburse the party state supplying forces
for the compensation paid to and the transportation, subsistence, and maintenance
expense of such forces during the time of the rendition of such aid or assistance outside
the state and may also pay fair and reasonable compensation for the use or utilization of
the supplies, materials, equipment, or facilities so utilized or consumed.
Article 9. Plans for the orderly evacuation and reception of the civilian population as the
result of an emergency or disaster shall be worked out from time to time between
representatives of the party states and the various local areas thereof. Such plans shall
include the manner of transporting such evacuees, the number of evacuees to be received
in different areas, the manner in which food, clothing, housing, and medical care will be
provided, the registration of the evacuees, the providing of facilities for the notification of
relatives or friends, and the forwarding of such evacuees to other areas or the bringing in
of additional materials and supplies, and all other relevant factors. Such plans shall
provide that the party state receiving evacuees shall be reimbursed generally for the outof-pocket expenses incurred in receiving and caring for such evacuees for expenditures
for transportation, food, clothing, medicines and medical care, and like items. Such
expenditures shall be reimbursed by the party state of which the evacuees are residents,
or by the United States government under plans approved by it. After the termination of
the emergency or disaster the party state of which the evacuees are residents shall assume
the responsibility for the ultimate support or repatriation of such evacuees.
Article 10. This compact shall be available to any state, territory, or possession of the
United States, and the District of Columbia. The term "state" may also include any
neighboring foreign country or province or state thereof.
Article 11. The committee established pursuant to Article 1 of this compact may request
the Federal Emergency Management Agency to act as an informational and coordinating
body under this compact, and representatives of such agency of the United States
government may attend meetings of such committee.
Article 12. This compact shall become operative immediately upon its ratification by any
state as between it and any other state or states so ratifying and shall be subject to
approval by congress unless prior congressional approval has been given. Duly
authenticated copies of this compact and of such supplementary agreements as may be
entered into shall, at the time of their approval, be deposited with each of the party states
and emergency preparedness agency and other appropriate agencies of the United States
government.
Article 13. This compact shall continue in force and remain binding on each party state
until the legislature or the governor of such party state takes action to withdraw
therefrom. Such action shall not be effective until thirty days after notice thereof has
been sent by the governor of the party state desiring to withdraw to the governors of all
other party states.
Article 14. This compact shall be constructed to effectuate the purposes stated in Article
1 hereof. If any provision of this compact is declared unconstitutional, or the
applicability thereof to any person or circumstance is held invalid, the constitutionality of
the remainder of this compact and the applicability of other persons and circumstances
shall not be affected thereby.
Article 15.(a) This Article shall be in effect only as among those states which have
enacted it into law or in which the governors have adopted it pursuant to constitutional or
statutory authority sufficient to give it the force of law as part of this compact or any
obligation undertaken by a state pursuant thereto, except that if its terms so provide, a
supplementary agreement in implementation of this Article may modify, expand, or add
to any such obligation as among the parties to the supplementary agreement.
(b) In addition to the occurrences, circumstances, and subject matter to which preceding
Articles of this compact make it applicable, this compact and the authorizations,
entitlement, and procedures thereof shall apply to:
(i) Searches for and rescue of persons who are lost, marooned, or otherwise in danger.
(ii) Action useful in coping with emergencies or disasters arising from any cause or
designed to increase the capacity to cope with any such emergencies or disasters.
(iii) Incidents, or the imminence thereof, which endanger the health or safety of the
public and which require the use of special equipment, trained personnel in larger
numbers than are locally available in order to reduce, counteract, or remove the danger.
(iv) The giving and receiving of aid by subdivisions of party states.
(v) Exercises, drills or other training or practice activities designed to aid personnel to
prepare for, cope with, or prevent any disaster or other emergency to which this compact
applies.
(c) Except as expressly limited by this compact or a supplementary agreement in force
pursuant thereto, any aid authorized by this compact or such supplementary agreement
may be furnished by any agency of a party state, a subdivision of such state, or by a joint
agency providing such aid shall be entitled to reimbursement therefor to the same extent
and in the same manner as a state. The personnel of such joint agency, when rendering
aid pursuant to this compact shall have the same rights, authority, and immunity as
personnel of party states.
(d) Nothing in this Article shall be construed to exclude from the coverage of Articles 114 of this compact any matter which, in the absence of this Article, could reasonably be
construed to be covered thereby.
Acts 1993, No. 800,§ 1, eff. June 22, 1993; Acts 1999, No. 598,§ 1.
§733.1. Limitation of liability of owner or operator of facilities Any person or
organization, public or private, owning or operating immovable property or other
premises who voluntarily and without compensation grants a license or privilege or
otherwise permits the designation by the state or local emergency management agency or
use of the whole or any part of the immovable property or premises for the purpose of
sheltering persons during an actual, impending, mock, or practice emergency, together
with his successor in interest, if any, shall not be liable for the death of, or injury to, any
person on or about such immovable property or premises during the actual, impending,
mock, or practice emergency, or for loss of, or damage to, the property of such person,
solely by reason or as a result of the license, privilege, designation, or use, unless the
gross negligence or the willful and wanton misconduct of the person owning or operating
the immovable property or premises or his successor in interest is the proximate cause of
the death, injury, loss, or damage occurring during the sheltering period.
Acts 1999, No. 598,§ 1.
§734. Violations; judicial relief; prima facie proof
A. Upon a violation of R.S. 29:732, the attorney general, district attorney, or parish
attorney may bring the appropriate judicial action for an order enjoining or restraining
commission or continuance of the alleged unlawful acts. In any such proceeding, the
court may impose a civil penalty and, where appropriate, order restitution to aggrieved
consumers.
B. In any proceeding instituted pursuant to this Section, the following shall constitute
prima facie proof of a violation:
(1) Evidence that the amount charged represents a gross disparity between the price of the
goods or services which were the subject of the transaction and their value, measured by
the price at which such goods or services were sold or offered for sale by the merchant in
the usual course of business immediately prior to the onset of the abnormal disruption of
the market, and the amount charged by the merchant was not attributable to additional
costs imposed by its suppliers.
(2) Evidence that the amount charged grossly exceeded the price at which the same or
similar goods or services were readily obtainable by other consumers in the trade area
and the amount charged by the merchant was not attributable to additional costs imposed
by its suppliers.
C. In addition to the civil penalties provided herein, any person who violates the
provisions of R.S. 29:732, which violation is deemed a violation also of R.S. 14:329.6,
shall be subject to criminal penalties as provided in R.S. 14:329.7.
Acts 1993, No. 800,§ 1, eff. June 22, 1993.
§735. Immunity of personnel
A. Neither the state nor any political subdivision thereof, nor other agencies, nor, except
in case of willful misconduct, the agents' employees, or representatives of any of them,
engaged in any emergency preparedness activities, while complying with or attempting to
comply with this Chapter or any rule or regulation promulgated pursuant to the
provisions of this Chapter shall be liable for the death of or any injury to persons, or
damage to property, as a result of such activity.
B. The provisions of this Section shall not affect the right of any person to receive
benefits to which he would otherwise be entitled under this Chapter, or under the
worker's compensation law, or under any pension law, nor the right of any such person to
receive any benefits or compensation under any act of congress.
Acts 1993, No. 800,§ 1, eff. June 22, 1993.
§736. Exclusion
A. Nothing herein shall supersede the powers, duties, and authorities of the Department
of Environmental Quality, as provided for by R.S. 30:2001 et seq. And regulations
issued pursuant thereto.
B. Nothing herein shall supersede the powers, duties, and authority of the Department of
Public Safety and Corrections, office of state police, as prescribed by R.S. 30:2376(B).
C. Notwithstanding any other provision of law to the contrary, nothing in this Chapter
shall affect the exclusive authority of the Louisiana Oil Spill Coordinator regarding oil
spill prevention, planning, response, removal, liability, and the limitations of liability
provided for in the Oil Spill Prevention and Response Act, R.S. 30:2451 et seq.
D. Nothing in this Chapter shall be interpreted to diminish the rights guaranteed to all
persons under the Declaration of Rights of the Louisiana Constitution or the Bill of
Rights of the United States Constitution. This Chapter shall not violate Article II
(Distribution of Powers), Article III (Legislative Branch), or Article V (Judicial Branch)
of the Louisiana Constitution. The courts shall be open, and every person shall have an
adequate remedy by due process of law and justice, administered without denial,
partiality, or unreasonable delay, for injury to him in his person, property, reputation, or
other rights. The orders of all courts shall have their full force and effect. The legislature
may call itself into session at any time and shall exercise its powers and duties. Its ability
to enact law, appropriate funds, and confirm appointees shall be in full force. The
privileges and immunities of legislators shall be respected.
Acts 1993, No. 800,§ 1, eff. June 22, 1993.